Divorce in Florida for infidelity. Divorce is perhaps one of the most common court proceedings in the United States. The vast majority, based on conflicts for adultery, make up almost 60% of the cases dealt with in courts in divorce matters, where the couple must now discuss multiple points.
Talking about divorce in Florida for infidelity can be an important topic of analysis, since the clauses that tax for this type of cases, subscribe differently to what we could verify, is the case of other jurisdictions. This is where we will develop our next sections, to know how divorce for infidelity proceeds in Florida.
Infidelity and its impact on the trial
Many people will be able to argue that, in cases of divorce for infidelity, the spouse who has committed the fault, will not have great support when making decisions regarding joint property and custody of the children. It is even very common for these people to assume maintenance with sometimes high amounts.
Morality appears as one of the main criteria at the time of the arbitrator’s opinion, which, naturally, has a negative impact on the spouse responsible for the fault. This should be this way in all trials, but the Florida case will work differently.
Infidelity and its impact on the trial in Florida
If we were to bring a divorce case for adultery to the state of Florida, we would find that, in the first place, we would not contemplate the figure of a spouse who has failed to marry as a result of adultery. That is, a person cannot be precisely sentenced to have committed adultery and be guilty of divorce.
Even if the plaintiff can present evidence against the defendant, the court will not show much interest in this element, so it will not Litigants will not find greater effects because it is adultery. The discussion will be dedicated, strictly, to the structuring of the divorce process, rather than to the discussion of its reasons.
When a divorce case for adultery is filed with the court, The conceptions of the case will be nothing more than divorce for ‘irreconcilable differences’. Therefore, there will be no powers that could favor a party, or, in other words, harm one of the parties, specifically, the one who has committed the fault.
Are there exceptions to this rule?
In some cases, there may be some changes in the distribution of assets or requests for support. This happens, mostly, when one of the parties requests a reconsideration in the judgments, requiring greater portions in the distribution of assets, or also, in the redefinition of amounts of premium for maintenance.
For this to be possible, evidence of misweight in marriage must be presented, such as evidence of violence. The court should, in short, be interested in the circumstances that have given rise to the divorce by adultery. But, as we can infer, this will depend entirely on the discretion of the referee.
What is property division like by divorce in Florida?
The division of property is, in principle, equitable. For this reason, the parties must submit to the distribution proposed by the arbitrator. The possession of property is not relevant to the judge, that is, if a person is the net owner of an asset, he may also be subject to the distribution of the divorce.
As explained, distribution is, in principle, equitable. However, in case of giving evidence of erratic behavior that is shocking in the history of the case, the judge may exercise his criteria in the distribution of the goods, determining a more “convenient” distribution as the case may be.
This means that the distribution of goods can be unequal for the parties, which will depend on their behavior. But remember that adultery does not serve, in essence, as an erratic behavior in this scenario, so this will not be a valid argument to redefine the distribution of goods.
Child support involved
The maintenance will depend on the relationships that have developed those responsible for the minors. Special attention is given to parents who have established a strong and close relationship with their children. Likewise, labor aspects of each of the figures that respond for minors are considered.
However, both parties must ultimately support the child, regardless of which of the two should generate the support contributions themselves.
Custody of children
One of the most complex aspects of adultery divorce in Florida is the administration of child custody. Here, the way in which minors respond to their parents, that is, to the relationship that this reflects with their parents, is evaluated so that the judge can know how the minor gets along with his guardians.
One of the judge’s top priorities will be geared toward the welfare of minors, so this point could be one of the most detained in the case. In some cases, judges may even consult minors about their wishes, specifically, who they would like to live with and who they would not.
Custody will be mediated, in the end, by all these factors, so that it is possible to relocate the minors in the scenario most favorable to their interests. The parents must, in turn, commit themselves to all opinions relating to this point of the case.
Divorce in the State of Florida
As in many of the jurisdictions in the United States, Florida is governed by its own clauses, so the procedure is, in all cases, specific to its circumstances. In this sense, cases of divorce by adultery will be oriented on the aforementioned principles, and may vary according to the circumstances of the same.
However, as we can see, most cases will be defined as divorces due to irreconcilable differences , leaving aside any type of imputation because of the action of adultery committed, either by one of the parties, or by both inclusive.